SHIV CHARAN LAL KUSHWAHA Vs. STATE OF UP

JUDGEMENT

(1.) These two appeals have been filed against the same judgment of learned Single Judge dated 1.12.1997 passed in writ petition No. 12882 of 1995 and two other connected writ petitions. The appellant Shiv Charan Lal Kushwaha filed writ petition No. 12882 of 1995 and appellant Smt. Shobha Sharma filed writ petition No. 17788 of 1995 which were connected and decided by common judgment, allowing the writ petitions partly.

(2.) We have heard Sri G.K. Singh, learned Counsel for the appellant in appeal No. 9 of 1998 and Sri S.D. Kautilya, learned Counsel appearing for the appellant in appeal No. 13 of 1998. Sri Zafar Naiyer, learned Additional Advocate General assisted by Sri Y.S. Bohara, learned Standing Counsel have been heard for the State.

(3.) The facts leading to filing of the above mentioned writ petitions have been noted in detail by Hon'ble Single Judge, which need no repetition except noticing few facts that are necessary for deciding these appeals. It is sufficient to refer the facts of special appeal No. 9 of 1998 for deciding these appeals. The Health Department of State of U.P. had two categories of the staffs to implement National Malaria Eradication Programme namely; (a) House Visitor pay scale of 80-140 (b) Surveillance Inspectors and Malaria Inspectors pay scale Rs. 120-220. Vide order dated 22.7.1965, the Government took a decision to implement the integrated malaria maintenance and Family Planning Programme in which House Visitors were designated as Basic Health Workers and Surveillance Inspectors and Malaria Inspectors were retrenched and re-appointed on a newly created posts of Family Planning Health Assistants. In Health Department, there was another category of employee known as Social Workers with graduate qualification in social science in the pay scale of 120-220. Social Workers were designated as Family Planning Health Assistants, pay scale 160-320. With effect from 23.7.1981 multipurpose workers scheme sponsored by the Central Government was launched in which the Basic Heath Workers and other remaining categories of workers were integrated and were named as Health Workers. The categories in the Scheme were as follows: